Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice acquired for stormwater drainage purposes as described in the New Zealand Gazette, 13 December 2007, No. 138, page 3627 (Gazette Notice 7671036.1) and the adjoining land described in the Second Schedule to this notice is made subject to the fencing covenant described in the Third Schedule to this notice from the date of publication of this notice in the New Zealand Gazette.
South Auckland Land District—Tauranga City Council
First Schedule
Land Acquired for Stormwater Drainage Purposes
Area m2 Description
5483 Sections 1 and 2 SO 381560 (Computer Interest Register 400119) (“the reserve”).
Second Schedule
Adjoining Land Subject to Fencing Covenant
Area ha Description
7.8257 Part Lots 1 and 5 DP S88154 (Computer Freehold Register SA69D/512) (“the land”).
Third Schedule
Fencing Covenant is Acquired
The Parties
“the council” is the Tauranga City Council, a local authority constituted under the Local Government
Act 2002 and is the registered proprietor of all the land contained in Computer Interest Register 400119 “the reserve”.
“the owner” is the registered proprietor of all the land contained in Computer Freehold Register SA69D/512 “the land”.
The Parties’ Covenant
1. The council, and its successors in title, shall not be liable nor called on to erect or repair or contribute to the cost
of work as defined in the Fencing Act 1978, on any dividing or boundary fence between “the reserve” and any part of “the land”. The benefit of this covenant shall not inure for the benefit of any subsequent purchaser for value of “the reserve”.
2. This covenant runs with the land and binds the owner and all subsequent owners and occupiers of the land.
Dated at Auckland this 3rd day of July 2008.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10907)